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How long can short-term plans last in Nebraska?

Nebraska insurance statute (44-787) defines a short-term health insurance plan as a policy lasting less than 12 months. Federal regulations that took effect in 2017 limited short-term plans to no more than three months, and prohibited their renewal. But that changed under Trump administration’s rules that took effect in late 2018, allowing short-term plans to have initial terms up to 364 days (ie, the same as Nebraska’s existing law), and total duration, including renewals, of up to 36 months.

Nebraska allows federal rules to take effect, but clarifies the state’s additional requirements for short-term plans

The current federal rules for short-term health plans were finalized in early August 2018. In late August, the Nebraska Department of Insurance noted that they had temporarily placed short-term insurer filings on hold, while they reviewed the new federal rule.

In September 2018, the Nebraska Department of Insurance published a bulletin clarifying that while the state would allow short-term plans to follow the federal guidelines in terms of the length of the initial term and the total allowable duration of the plan, the state was also imposing a variety of other requirements for short-term plans. Notably, short-term plans in Nebraska are required to:

Provide a clear comparison of how the benefits in the short-term plan compare with the benefits required by an ACA-compliant individual market plan. The Department suggests that a comparison chart is a good way to go about this, and notes that examples of benefits that would need to be compared are “annual and lifetime limits, maternity coverage, mental health benefits, pre-existing condition restrictions, and pharmacy benefits.”

Clearly state whether the plan can be renewed, how to go about renewing it, and how much it will cost to renew it.

The Nebraska Department of Insurance had previously published a consumer alert in October 2016, warning residents to beware of “high-pressure telemarketers selling short-term health insurance products that are not compliant with the Affordable Care Act (ACA) despite their promises.”